Lugz to Apple: ‘Cease and Desist’

NEW YORK Lugz footwear said it has sent a cease-and-desist letter to both Apple Computer and its agency, Omnicom Group’s TBWA\Chiat\Day, over similarities between a commercial “Arrow,” which the company aired in 2002, and a spot with Eminem that launched earlier this month for Apple’s iPod and iTunes.

Both television ads feature urban images on a red, yellow and orange background, with black silhouettes and a hip-hop soundtrack [Adweek, Oct. 24].

The Lugz spot was created by the client’s former agency, Interpublic Group’s Avrett Free Ginsberg in New York.

Larry Schwartz, evp and a principal of New York-based JSSI, which makes Lugz, said in a statement, “If you look at these spots, common sense would tell you that there’s a problem here. The Apple commercial uses the most powerful elements of our campaign, making the ads disturbingly similar. We are prepared to vigorously pursue all legal remedies in order to protect our rights.”

Neither Apple nor TBWA\C\D in Playa del Rey, Calif., could be reached for comment.